Driving time and rest period regulations apply to truck, public transport bus and coach drivers. The regulations are meant to increase road safety without inhibiting fair competition. To what extent these regulations do indeed increase road safety is hard to ascertain. This would imply comparing road safety before and after the introduction of the regulations. Since all western countries have some form of driving time and rest period legislation, this is virtually impossible in practice. Research into the effect of changes in existent regulations, in particular in the United States, leads to the conclusion that the effect is probably positive [30].
The European regulation on driving time and rest period (regulation 561/2006) applies to carriage by road within the European Union. In the Netherlands, the same driving times and rest periods have been laid down in the Arbeidstijdenbesluit vervoer. (Road Carriage Working Hours Decree). This decree determines the maximum daily, weekly and bi-weekly driving times, and the minimum daily and weekly rest periods for truck and coach drivers. The Human Environment and Transport Inspectorate monitors enforcement.
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A truck or coach driver is allowed to
Furthermore, the uninterrupted driving time may not exceed 4.5 hours. After a driving period of 4.5 hours, the driver must take a 45-minute break, except in cases of double-manned vehicles. Not only driving, but also other tasks, such as loading and unloading, count as work. If a driver works for a 6-hour (uninterrupted) period, a break is required. A 30-minute break is required for uninterrupted 6- to 9-hour working periods, a 45-minute break for working periods exceeding 9 hours. These breaks may also be divided into 15-minute periods. The daily rest period, meaning the period no work or availability is allowed, must be made up of 11 consecutive hours. In between two sufficient weekly rest periods, the daily rest period may be reduced to 9 hours. The daily rest period may also be split into two parts, of which the first part must at least comprise 3 hours and the second part at least 9 hours. For working hours between 0h00 and 6h00 there are rules as well: up to 43 times in 16 weeks or up to 20 hours in 2 weeks. At least once every two weeks, drivers are obliged to take a normal weekly rest of 45 hours. In 2017, the European Court decided that this rest could no longer be taken in the truck cabin, and since January 2018 this rule has been enforced in the Netherlands. |
For taxi drivers different, generally less strict, driving times and rest periods apply (see table below for the statutory times and periods as of 1 January 2015 [33] [34]); the Human Environment and Transport Inspectorate monitors enforcement.
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Employees |
Self-employed drivers |
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Break |
* 30' for > 5,5 hours work (optionally 2x 15') * 45' for > 10 hours work (optionally 3x 15') In case of collective agreement, possible deviation up to: *15' for > 5,5 hours work |
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Daily rest period |
* at least 10 uninterrupted hours, every 24 hours In case of collective agreement, possible deviation up to: * 10 uninterrupted hours, every 24 hours * reduced: 8 uninterrupted hours (max. 2x in every 14x24 hours) |
* reduced: 8 uninterrupted hours (max. 2x in every 14x24 hours) |
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Weekly rest period |
* 36 uninterrupted hours for every 7x24-hour period In case of collective agreement, possible deviation up to: * a 72-hour minimum in every 14x24 hours, to be divided into 24-hour uninterrupted periods |
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Working hours |
* 60 hours a week * 12 hours a shift * a 48-hour average every 16 weeks In case of collective agreement, possible deviation up to: * a 48-hour average every 26 weeks |
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Working on Sundays |
* at least 13 free Sundays every 52 weeks In case of collective and personal agreement, deviation is possible |
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Working between 0h00 and 0h06 |
* 52x every 16 weeks * 140x every 52 weeks or * 38 hours between 0h.00 – 0h06 every 2 weeks In case of collective and personal agreement, deviation is possible |
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